Patna High Court
Asha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioner is entitled to pre‑arrest bail subject to bond and conditions, as no prima facie case against her was established.
Summary
Asha Devi petitioned for pre‑arrest bail in a case (Madhepura P.S. Case No. 1027 of 2025) alleging kidnapping of a boy and forcing him to apply vermilion to her daughter’s maang, offences under Sections 115(2), 126(2) and 140(3) IPC. She claimed innocence, stating the FIR was lodged eleven months after the alleged incident and that she neither kidnapped the boy nor forced the act. The State opposed bail. The Court, noting the absence of a determination of the victims’ ages and the lack of a clear prima facie case, granted pre‑arrest bail subject to a Rs.10,000 bond with two sureties and conditions under Section 438(2) CrPC/Section 482(2) CrPC, directing the District Court to verify any prior criminal antecedents. The bail order will lapse if antecedents are found. The bail application was disposed of in favour of the petitioner.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 438 CrPC in view of the alleged offences under IPC Sections 115(2), 126(2) and 140(3).
- Whether the delay in filing the FIR and the lack of age determination of the victims affect the bail decision.
- Whether a prima facie case exists to justify denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 115(2), 126(2), 140(3)
Subjects
- pre‑arrest bail
- IPC
- Section 115
- Section 126
- Section 140
- CrPC
- Section 438
- Section 482
- kidnapping
- forced marriage customs
- age of victim
- delay in FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12069 of 2026
Arising Out of PS. Case No.-1027 Year-2025 Thana- MADHEPURA District- Madhepura
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Asha Devi W/o Arun Paswan D/o Kapildeo Paswan, R/o vill - Madhepura,
Deeh Tola, Bhirkhi, ward no. 22, P.S.- Madhepura, Distt.- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binod Kumar Sinha, Advocate.
For the Opposite Party/s : Mr.Prem Kumar Jha, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 12-03-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Madhepura P.S. Case No. 1027 of 2025 registered for the
offence punishable under Sections 115(2), 126(2) and 140(3) of
the Indian Penal Code.
3. As per the allegation made in the F.I.R., the accused
persons including the petitioner kidnapped the son of the
informant and forced him to put vermilion in the Maang of
daughter of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submitted that that the petitioner is innocent and she
has falsely been implicated in this case. The occurrence is said
to have occurred on 13.11.2024 and F.I.R. was lodged on
16.10.2025 after a delay of eleven months. The petitioner never
Patna High Court CR. MISC. No.12069 of 2026(2) dt.12-03-2026
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kidnapped the victim boy nor she forced the son of the
informant to put sindur in her daughter’s maang.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties and having perused the allegation made in the
F.I.R., though the victim in his statement has supported the
prosecution story, I find that the society from which the
informant and the petitioner comes, such incidence occurs and
at the same time, the parties remained together, but it can be
acceptable only when the girl and the boy are adult. In absence
of determination of age of the victim, the petitioner who is a
lady, has, prima facie, made out a case to be released on pre-
arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of her arrest or surrender
before the Court below within a period of four weeks from
today, on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction of
learned District Court where the case is pending in connection
with Madhepura P.S. Case No. 1027 of 2025, subject to the
condition as laid down under Section 438(2) Cr.P.C / 482(2)
Patna High Court CR. MISC. No.12069 of 2026(2) dt.12-03-2026
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BNSS.
8. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
9. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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